RE MA WAI LAM

RE MA WAI LAM

The court conditionally granted the application to amend the roll on the basis (for present purposes) that the court may exercise power to effect the amendment, but expressly reserved the substantive jurisdictional question for consideration before the Chief Judge; the grant was made on the express condition that the applicant publish notice of the name change in three prominent Hong Kong newspapers on two separate days in a form satisfactory to the Registrar, and that future similar applications be brought by notice of motion before the Chief Judge with the Law Society and Department of Justice attending.

Citation
RE MA WAI LAM
Parties
Applicant (solicitor Who Changed Name): Ma Wai Lam; Interested Party: The Law Society of Hong Kong; Interested Party: Department of Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 2005
Case Number
HCMP761/2005
Procedural Posture
Miscellaneous Proceedings (hcmp) Under Legal Practitioners Ordinance Application to Amend Roll of Solicitors / Hearing in Court of First Instance; Decision Delivered (conditional Grant); Jurisdictional Issue Reserved for Chief Judge)
Outcome
Application granted conditionally (subject to safeguards); jurisdictional point reserved
Legal Topics
Change of Name, Amendment of Roll of Solicitors, Jurisdiction to Amend Statutory Register, Public Notice Requirements, Registry Cross Referencing
Source Language
EN
Administrative Law Professional Regulation Civil Procedure Inherent Jurisdiction Regulatory Compliance Change of Name Amendment of Roll of Solicitors Jurisdiction to Amend Statutory Register +2 more

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Parties

Ma Wai Lam

Applicant (solicitor Who Changed Name)

The Law Society of Hong Kong

Interested Party

Department of Justice

Interested Party

Procedural Posture

Miscellaneous Proceedings (hcmp) Under Legal Practitioners Ordinance Application to Amend Roll of Solicitors / Hearing in Court of First Instance; Decision Delivered (conditional Grant); Jurisdictional Issue Reserved for Chief Judge)

Legal Issues

  1. 1 Whether the court has jurisdiction (statutory or inherent) to amend the roll of solicitors to reflect a deed poll name change
  2. 2 What procedural and discretionary safeguards should be imposed when a solicitor changes professional name and the roll is amended
  3. 3 Extent of public interest and need for notice and cross-referencing to protect clients and the public

Ratio Decidendi

The court conditionally granted the application to amend the roll on the basis (for present purposes) that the court may exercise power to effect the amendment, but expressly reserved the substantive jurisdictional question for consideration before the Chief Judge; the grant was made on the express condition that the applicant publish notice of the name change in three prominent Hong Kong newspapers on two separate days in a form satisfactory to the Registrar, and that future similar applications be brought by notice of motion before the Chief Judge with the Law Society and Department of Justice attending.

Court Disposition

Application granted conditionally (subject to safeguards); jurisdictional point reserved

Orders

  • Application to amend the roll granted on condition that the applicant cause publication in three prominent Hong Kong newspapers on two separate days in a form satisfactory to the Registrar, showing old and new names
  • Future applications for amendment of the roll of solicitors on account of name change must be brought by way of notice of motion before the Chief Judge with the Law Society and the Department of Justice attending so the jurisdictional question can be properly canvassed